N.Y. County Law § 385: Establishment of county tuberculosis hospitals

§ 385. Establishment of county tuberculosis hospitals. 1. The board of

supervisors of every county in the state containing a population of

thirty-five thousand or more, as determined by the latest federal

census, shall establish, as hereinafter provided, a county hospital for

the care and treatment of persons suffering from the disease known as

tuberculosis, unless there already exists in such county a hospital or

institution provided by the county or other authority and caring for

persons suffering from tuberculosis, which is approved by the state

commissioner of health, or the board of supervisors of such county

except in a county wherein a site for such hospital has been approved by

the state commissioner of health prior to the taking effect of this

article, shall have entered into a contract prior to November first,

nineteen hundred twenty, for the care of its tuberculosis patients with

an adjoining county having such county hospital or with a private

sanatorium within its county or shall join prior to November first,

nineteen hundred twenty, with one or more other counties in the

establishment and maintenance of such county hospital as hereinafter

provided. Such county hospital, except a hospital established and

maintained by two or more counties, shall be available for patients on

or before the first day of July, nineteen hundred eighteen. All

expenditures incurred by the state commissioner of health for and in

connection with the location, construction and operation of such

hospital, shall be a charge upon the county, and provision shall be made

for the payment therefor by the board of supervisors of such county in

the same manner as in the case of other charges against the county. At

any time after such hospital has been in operation, the board of

supervisors in such county may appoint a board of managers for such

hospital, pursuant to the provisions of this article and thirty days

after the appointment of such board of managers by such board of

supervisors, such hospital shall be transferred to such board of

managers, and such board of managers shall thereafter possess and

exercise all the powers of the board of managers of a county hospital

for tuberculosis under this article, and the state commissioner of

health shall be relieved from any responsibility therefor except such

responsibility as he exercises in regard to all county tuberculosis

hospitals under the provisions of this article.

2. When deemed advisable by the board of supervisors and approved by

the state commissioner of health, any such county may maintain more than

one county hospital for the care and treatment of persons suffering from

tuberculosis. The board of supervisors of any other county shall have

power by a majority vote to establish a county hospital for the care and

treatment of persons suffering from the disease known as tuberculosis.

3. When the board of supervisors of any county shall have voted to

establish such hospital, the board of supervisors shall:

(a) Purchase or lease real property therefor, or acquire such real

property, and easements therein, by appropriate proceedings, in the

manner prescribed by the eminent domain procedure law, in any town, city

or village in the county.

(b) Erect all necessary buildings and alter any buildings, on the

property when acquired for the use of said hospital, provided that the

location of the buildings and the plans and such part of the

specifications as shall be required by the state commissioner of health

for such erection or alteration together with the initial equipment

shall first be approved by the state commissioner of health. Any

changes in such location or plans shall also be first approved by the

state commissioner of health and the state commissioner of health and

his duly authorized representatives shall have the power to inspect such

county hospitals during the course of their construction for the purpose

of seeing that such plans are complied with.

(c) Cause to be assessed, levied and collected such sums of money as

it shall deem necessary for suitable lands, buildings and improvements

for said hospital, and for the maintenance thereof, and for all other

necessary expenditures therefor; or may finance expenditures for the

erection of such hospital and for the purchase of a site therefor

pursuant to the provisions of the local finance law.

(d) Appoint a board of managers for said hospital as hereinafter

provided.

(e) Accept and hold in trust for the county, any grant or devise of

land, or any gift or bequest of money or other personal property, or any

donation to be applied, principal or income, or both, for the benefit of

said hospital, and apply the same in accordance with the terms of the

gift.

(f) Whenever it shall deem it in the public interest so to do, and

notwithstanding the provisions of any other general or special act,

change the location of such hospital and acquire a new site by purchase,

lease or condemnation, as provided in this section, and establish the

hospital thereon.